The Online Infringement of Copyright (Initial Obligations) (Sharing of Costs) Order 2011

Case fees

5.—(1) The appeals body may set a case fee to be charged in respect of each subscriber appeal which it receives.

(2) The amount of the case fee must be approved by OFCOM.

(3) The case fee must be based on the costs that the appeal body may incur in handling and determining a subscriber appeal, to the extent that such costs are not recovered by the fees payable to OFCOM in respect of the qualifying costs.

(4) The appeal body must charge 75% of the case fee to the relevant copyright owner.

(5) The appeal body must charge 25% of the case fee to the relevant internet service provider.

(6) For the purposes of this paragraph—

(a) the relevant copyright owner is the qualifying copyright owner that made the copyright infringement report which is the subject of the subscriber appeal or which led to the act or omission that is the subject of the subscriber appeal;

(b) the relevant internet service provider is the qualifying internet service provider that received that copyright infringement report from the relevant copyright owner.

(7) The relevant copyright owner and the relevant internet service provider must pay their respective shares of the case fee within such period as the appeal body may determine from time to time.

(8) The appeal body may review the amount of the case fee from time to time in consultation with OFCOM.